Volume 2, No. 3 March
2023 - (219-227)![]()
p-ISSN 2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
JURIDICAL
BOXING OF GOVERNMENT PROCUREMENT OF GOODS AND SERVICES
Ahmad Alsa Zaki Fuad*, Edi Pranoto, Nyoman Ardika
Faculty of Law, Universitas
17 Agustus 1945 Semarang, Central Java, Indonesia
Emails: ahmadalsa870@gmail.com,
pranoto.edi@gmail.com
ABSTRACT:
Procurement of goods and services to government
agencies is the main task of government agencies, not to produce goods and
services but rather to provide services to the community. The National Revenue
Expenditure Budget (APBN) structure is namely State Revenue and grants, State
Expenditure, Budget Surplus or Deficit, and Financing. Types of Central
government spending. To achieve the goal of providing quality goods or services
output, the regulation of procurement of goods and services continues to be
improved. Therefore it is necessary to study the procurement of government
goods and services, especially in the Blora Regency
Area. A formulation consisting of: (1) The procurement process of goods and
services at the District level is following the Law. Then the : (2) problems
that arise in procuring goods and services. To be able to help the wider
community with the procurement process of goods or services and also the
problems that arise in the procurement of goods and services. The method taken
in this final project is normative Law, data collection using interviews with
sources, books, and articles. The research results obtained by the District
government procurement process have been carried out effectively and
efficiently. Still, some problems arise so that the suggestions submitted
fulfill the greatest value of benefits and contributions in increasing the use
of domestic products and increasing the role of micro-enterprises and need to
be reviewed directly by the employment so that problems do not arise.
Keywords: Juridical
Review, Procurement of Goods, Services.
Article History
Received:
10 February 2023
Revised:
10 March 2023
Accepted:
26 March 2023
DOI:
xxx
INTRODUCTION
Implementing government tasks requires logistics, equipment, and services
to ensure optimal agency performance. Many parties, both public and private
companies, meet this need. Unlike the procurement of goods and services by
private bodies and companies, the procurement of goods and services by the
government is more complicated because it is related to the calculation of the
APBN / APBD used to pay for these goods or services. In addition, several rules
govern the procurement process, namely Presidential Regulation No. 70 of 2012
concerning the Second Amendment to the Presidential Decree of the Republic of
Indonesia No. 54 of 2010 concerning the Procurement of Goods/Services.
The National Revenue Expenditure Budget (APBN) structure is namely State
Revenue and grants, State Expenditure, Budget Surplus or Deficit, and
Financing. Types of central government expenditures are employee expenditures,
goods expenditures, capital expenditures, debt interest payments, subsidies,
grant expenditures, and social assistance (Rosikah
& Listianingsih, 2022) (Darniati,
2022) (Amira,
2022). This type of capital expenditure consists of capital expenditures for land
buildings, buildings, equipment, and intangible assets (Shoba
& Fidiana, 2022) (Raudhotul,
2022).
Belanja Daerah adalah semua kewajiban Pemerintah Daerah yang diakui sebagai pengurang nilai kekayaan bersih dalam periode
tahun anggaran berkenaan. Regional Expenditures include all expenditures from the Regional General
Cash Account that do not need to be received back by the District and other
expenditures following the provisions of the laws and regulations recognized as
equity deductions which are regional liabilities in 1 (one) fiscal year.
Financing is any receipts that need to be repaid and expenses that will be
received back in the relevant fiscal year or subsequent fiscal years. A good
procurement process will support the development of a country since the proper
use of the budget will support development leading to the growth of the
country's economy.
This need is the main reason for the establishment of the Government
Goods/Services Procurement Policy Institute (LKPP) in 2008(Pengadaan,
2011) (Garini
& Alim, 2019).
On his shoulders, carrying out the task of developing policies and systems
of public procurement systems is given with the hope of creating credible and
prosperous procurement (Pengadaan,
2011) (SIBUEA,
2022) (PUTRA,
2012). Therefore, it is necessary to study the procurement of government goods and
services, especially in the Blora Regency.
Based on this background, the formulation of the problems that will be
discussed in this study are:
1. How is the procurement of goods or services
according to Presidential Regulation 54 of 2010 at the Blora
Regency DPRD Secretariat Office?
2. Problems that arise in the procurement of government
goods and services?
RESEARCH METHODS
This is normative legal research because it is conceived and developed by
examining rules and norms. Rules relating to the problem under study with an
approach to legislation and some examples of cases intended to collect a wide
variety of laws and regulations, theories, and literature closely related to
the problem to be studied.
RESULTS AND DISCUSSION
A. Procurement
of Goods or Services According to Presidential Regulation Number 54 of 2010 at
the Secretariat Office of the DPRD of Blora Regency
The Secretariat of the Regional
People's Representative Council of Blora Regency was
formed based on Regional Regulation Number 2 of 2001 to implement Law Number 22
of 1999 concerning Local Government. At the same time, the duties and functions
of the Blora Regency DPRD are stated in Regent Decree
No. 48 of 2016 concerning the position, organizational structure, duties, and
functions and work procedures of the Secretariat of the Regional People's
Representative Council.
1. Location and Geographical
Location
Address of the Blora Regency DPRD Secretariat Office: Jl. Ahmad Yani No.36 Kab. Blora. Tel: (0296) 531043. Fax : (0296) 532600. Postal
code: 582119. Email: Office Coordinator setwan@blorakab.go.id : 6o 57'57.6"S
111o25'21.0"E.
(Amperawan, 2021)
1.
Duties and Authorities
Establish local regulations
with the Regent. Discuss and approve the draft regional regulations on the regional budget
submitted by the Regent. Supervise the implementation of regional regulations
and regional budgets. Elect the Regent
and Deputy Regent or Deputy Regent in
the event of a vacancy to continue the remaining term of office of more than 18
(eighteen) months. Propose the appointment and dismissal of the Regent
and Deputy Regent to the Minister of
Home Affairs through the Governor to ratify the appointment and dismissal.
Provide opinions and
considerations to local governments on plans for international agreements in
the regions. Approve international cooperation plans carried out by local
governments. Request a report on the accountability of the Regent in the
implementation of local government. Approve cooperation plans with other
regions or with third parties that burden the community and daerah and carry out other duties and
authorities regulated in the provisions of laws and regulations
(Amperawan, 2021).
2. Programs and Activities for
Fiscal Year 2023
The Programs and Activities of
the Secretariat Unit of the Blora Regency DPRD
Integrated One-Stop in 2020 are as follows:
a. Office Administration Service
Program
Provision of correspondence
services. Provision of communication services, water resources, and
electricity. Provision of maintenance services and licensing of
official/operational vehicles. Provision of financial administration services (Wirotomo
& Pasaribu, 2015) (Rahmani & Sulaeman, 2022). Provision of office cleaning
services. Provision of office stationery. Provision of printed goods and
doubling.
b. Apparatus Facilities and
Infrastructure Improvement Program
Procurement of office building
supplies. Procurement of office building equipment. Routine/periodic maintenance of
office buildings. Routine/periodic maintenance of official/operational vehicles
(Amperawan, 2021).
3. Methods of Setting and
Evaluating Offers
a. Associate assignment method
After the plan is matured by
both PA/KPA, PPK, and ULP Procurement officials, the next step in the
procurement of government goods and services is to determine the method that
will be used to select partners providing these goods and services.
In Presidential Regulation No.
54 of 2010 and the changes listed in Presidential Regulation No. 35 of 2011,
the selection of methods for providing goods and services consists of ten
types:
1) Contest
This method is carried out if
the job package description is in the form of a creative industry.
2) Competition
This method is carried out if the
job package is described as a creative industry that is not in kind.
3) Direct Appointment
This method is carried out if
the job package description is not in the form of a creative industry but only
in certain or special circumstances.
4) Direct Procurement
This method is carried out if
the job package description is not in the form of a creative industry and is
not in certain or special circumstances but is more based on the value of tau
prices with an amount below 200 million rupiahs for goods and under 50 million
rupiahs for services.
5) Direct Elections
This method is carried out if
the work package description is a construction worker valued below 200 million
rupiahs
(Amperawan, 2021).
6) Simple Selection
This method is carried out if
the job package description is consulting services with a value below 100
million rupiahs.
7) Simple Auction
This method is carried out if
the work package description is not in the form of consulting and construction
work with a value below 200 million rupiahs but the work is classified as not
complex.
8) Limited Auctions
This method is carried out if
the job description is included in a complex work with a value above 1 billion
rupiahs and requires high technology, has high risks, and uses specially
designed equipment.
9) General Selection
This method is carried out if
the job package description is in the form of consulting services for complex
work with a limited number of providers or partners. The value is above 100
billion rupiahs.
10) Public Auctions
This method is carried out on
complex work in the form of other goods and services valued above 100 billion
rupiahs
(Amperawan, 2021).
4. Scope of Presidential
Regulation No.54 of 2010
According to Mr. Sukamto, S.H, M.Si, regarding the
scope of Presidential Regulation No.54 of 2010, he explained that following
Presidential Regulation No.54 of 2010, namely:
a. Procurement of goods or
services within the K / L / D / I whose source of financing either as well as
or entirely comes from the APBN / APBD or foreign loans.
b. Procurement of goods or
services for investment within Bank Indonesia, State-Owned Legal Entities,
State-Owned Enterprises, and Regional-Owned Enterprises, whose sources of
financing either partially or fully come from the APBN/APBD or foreign loans.
Mr. Sukamto, S.H, M.Si also
added that the income from the STATE BUDGET, APBD, and foreign loans to meet
the needs of K / L / D / I and all types of goods and services needed at BUMN,
BUMD so that the institution included in BUMN or BUMD all goods and services is
money from the APBN and APBD (Hastuti,
2013).
5. Procurement System for Goods or
Services and Their Scope
Public goods and services are
goods whose use is related to the interests of many people in groups or
general. In contrast, private goods or services are only used individually or
in certain groups. Based on this classification, a good or service can be
categorized as public or private, depending on its use. In principle, public
procurement is an acquisition process by the government and public institutions
to obtain goods, buildings, and services transparent, effectively, and
efficient
ly.
Members of public procurement
of catholic procurement are the executor of the procurement and the user of the
goods/services held. In addition to these two types, there is a mixed type
called cooperative public procurement, where the procurement implementation
carries out procurement on behalf of and for users of goods or services. Still,
the motivation for needs and procurement proposals is carried out by
procurement implementers.
All procurements sourced from
the government, open APBD, and community fund management managed by government
institutions are categorized as public procurement. Therefore all procurement
activities refer to and follow Presidential Regulation No.54 of 2010 (Hastuti, 2013) (Mulyadi &
Rahmawati, 2022).
According to Mr. Suamto, S.H,M.Msi, public goods
and private goods, namely public goods in general, can be enjoyed or needed by
everyone. There is no limit on this item's use, and as much as possible, there
is no need to spend money to get it. Examples of personal items include Traffic
Signs, Finns, Light, and Air.
Private goods are goods that
those who want to use or have must spend money to pay for the goods because not
everyone can enjoy or use them, but only people who want to spend money can use
or enjoy them. For example, private goods such as mobile phones, clothes,
motorcycles, and cars.
B. Problems
That Arise in the Procurement of Government Goods and Services at the
Secretariat Office of the DPRD of Blora Regency
Mr. Sukamto,
S.H, M.Si, explained several aspects of the
government's procurement of goods and services. The first is the aspect of
supervision, the absence of public space to exercise control or supervision in
the procurement process or implementation. Because in procurement that carries
out agreements, only KPA (Power of Budget User) and Providers of services or
goods so that people outside of KPA and providers cannot carry out supervision.
The second is the weakness of the bureaucracy. It does not create competition
in healthy providers of goods or services, tends to side with one of the
providers, the aspect that favors one of the providers is an old colleague, one
organization, or a family. Thus creating an unfair situation in the procurement
process of goods and services.
The third is human resources in
the field of procurement, namely the occurrence of price sales or price appeals
by providers to win auctions so that the estimated price itself is open. The
function of the hips is to assess the reasonableness of the provider's bid
price, a tool for negotiating several procurement methods.
CONCLUSION
Problems that Arise in the
Procurement of Government Goods and Services at the Secretariat Office of the
DPRD of Blora Regency are divided into three aspects.
Namely: Aspects of supervision, the absence of public space to exercise control
or supervision in the procurement process or implementation. The weakness of
the bureaucracy does not create competition in healthy providers of goods or
services. And resources in the field of procurement, that is, the occurrence of
price sales or price appeals by providers to win auctions so that the forecast
price itself is open.
To realize the Government
Procurement of Goods and Services as referred to above, it is necessary to
regulate the procurement of goods/services that provide the fulfillment of the greatest
value of benefits and contributions in increasing the use of domestic products,
increasing the role of micro-enterprises, small businesses, and medium
enterprises as well as sustainable development.
As a country of Law, it is
appropriate that the Law must be obeyed and obeyed to create a prosperous
country. Therefore the government should come down directly to review the
procurement process of goods and services, whether the procurement process of
goods and services is following applicable Law, and immediately review the
problems that exist in the procurement process of goods and services.
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Ahmad Alsa Zaki Fuad*, Edi Pranoto, Nyoman Ardika (2023) |
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First publication right: Asian Journal of Engineering, Social, and Health (AJESH) |
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